Peterson on behalf of the Wunna Nyiyaparli People v State of Western Australia [2016] FCA 1528

FEDERAL COURT OF AUSTRALIA

Peterson on behalf of the Wunna Nyiyaparli People v State of Western Australia [2016] FCA 1528 File numbers: WAD 22 of 2012 WAD 6280 of 1998 WAD 196 of 2013

Judge: WHITE J

Date of judgment: 16 December 2016

Catchwords: NATIVE TITLE – hearing on separate question under r 30.01 of the Federal Court Rules 2011 (Cth) – native title application brought by a native title claim group (the Wunna Nyiyaparli) in respect of an area located wholly within the area subject to the native title claim of the Nyiyaparli on the basis that the Wunna Nyiyaparli comprise persons descended from a Nyiyaparli ancestor – whether the named apical ancestor of the Wunna Nyiyaparli was a Nyiyaparli person or a person who possessed rights and interests in the land and waters claimed by the Wunna Nyiyaparli. Held: separate question answered in the negative.

Legislation: Federal Court Rules 2011 (Cth) r 30.01

Cases cited: Banjima People v Western Australia (No 2) [2013] FCA 868; (2013) 305 ALR 1 Billy Patch and Others on behalf of the Birriliburu People v State of Western Australia [2008] FCA 944 Dempsey on behalf of the Bularnu, Waluwarra and Wangkayujuru People v State of Queensland (No 2) [2014] FCA 528; (2014) 317 ALR 432 De Rose v State of South Australia [2003] FCAFC 286; (2003) 133 FCR 325 James on behalf of the Martu People v Western Australia [2002] FCA 1208 Jango v Northern Territory of Australia [2006] FCA 318; (2006) 152 FCR 150 Lennon on behalf of the Antakirinja Matu-Yan Kunytjatjara Native Title Claim Group v The State of South Australia [2011] FCA 474 Starkey v State of South Australia [2014] FCA 924; (2014) 319 ALR 231 Wallace on behalf of the Boonthamurra People v State of Queensland [2014] FCA 901; (2014) 313 ALR 138